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Nursing Home Wrongful Death Lawyer

The purpose of a nursing home is to take care of your loved ones when you can’t. You are trusting them with a vulnerable population to provide them with the care that you are unable to for whatever reason. Unfortunately, there are cases where they don’t get the care that they deserve. It is believed that 1 in 10 people have been abused, though it’s hard to say since these cases often go unreported. Even more shockingly, nearly 50% of dementia patients have experienced some negligence or abuse.

These days, there are additional concerns in protecting this vulnerable population from the coronavirus. However, it is estimated that as of April 2020 there have been 2,200 deaths of people in nursing homes and that number is rising at an alarming rate. If you believe your love one’s nursing home death was caused by negligence or elderly abuse, you need an experienced lawyer to get you the compensation you’re entitled to.

Common Causes of Nursing Home Wrongful Deaths

Residents of nursing homes are entitled to receive a specific level of care to ensure that they have the best quality of life possible. This means that the staff at a nursing home must take the necessary steps to protect their patients to the best of their reasonable ability. Some common causes of death that may be eligible for a wrongful death claim include:

  • Malnutrition
  • Falls
  • Bedsores
  • Dehydration
  • Abuse or assault (mental, physical, or sexual)
  • Infections
  • Unsanitary conditions
  • Infections

Let’s take a closer look at some of these common injuries. Falls are easily one of the most common causes of trauma-related deaths in nursing homes. A one-time fall may not have been entirely preventable but failing to identify a potential fall risk or multiple falls can be a sign of negligence. Residents must be reasonably protected from falls.

It can be scary to think about, but nursing home deaths can happen as a result of either dehydration or malnutrition, or potentially both. As people get older, their appetites do get diminished, but nursing home staff will still encourage their residents to eat. However, sometimes the staff is understaffed and cannot pay as much attention as they should or just doesn’t care to. This can lead to neglecting to ensure that a resident gets an adequate amount of food or hydration.

The staff at a nursing home is required to ensuring that the residents are properly cleaned on a regular basis, as well as ensuring that the facility is as clean as possible. This is important to prevent the spread of infection, such as bedsores. Even a small infection could potentially kill a resident, which is why cleaning is so essential. If your loved one died due to an infection, it may be due to negligence on behalf of the staff.

There is an alarming rate of abuse of people in nursing homes, which is both illegal and unconscionable. Staff may be frustrated for whatever reason and take this out on the residents by shaking, pinching, and even punching the residents. That’s just the physical abuse that they can suffer. If abuse led to your love one’s death, this would not just be a case of wrongful death but you can also file charges against the staff.

It can be a good idea to learn about the signs of abuse or neglect so that you can try to prevent any tragic situations.

Watch Out for Signs of Abuse or Neglect

care worker yelling at senior in nursing homeWhether your loved one can’t articulate that they are being abused or they are to afraid to, there are some signs of neglect and abuse that you can see. This includes looking for unexplained bruising, unsanitary conditions, bedsores, or if they seem afraid or agitated for some reason. If you do notice any signs of abuse or neglect, you should report it to the home as soon as possible. If the problem continues, you should report the home to any relevant parties to prevent the situation as much as possible for not just your loved one, but for other residents.

Proving Your Wrongful Death Claim

A wrongful death claim against a nursing home can be an extremely complex case to prove. One reason for this is because the residents of nursing homes are already generally in poor health when they enter these facilities. It’s also complicated because there are many instances where a death may not occur directly after the abuse or neglect has occurred. For instance, a fall may lead to head injury or some other trauma to the body that sets in motion the need for more significant care and eventually death. Their health can deteriorate at an alarming rate due to their previous health problems and/or age.

To prove wrongful death, you need to prove that their accident was caused by negligence or abuse of the staff and that accident led to their death.

Lawsuits are not just about the compensation you can receive to cover any medical or funeral bills; it’s about holding the nursing home accountable. It’s about getting answers to what really happened. It’s also about making sure that this doesn’t happen to another person. Nursing homes tend to live under a shroud of secrecy, keeping the family in the dark about things as much as possible.

You should know that you only have a limited time to file your claim for wrongful death. For the most part, you should file within 3 months otherwise only the executor of the estate can. Plus, as more time passes it can be more difficult to prove your claim. It is recommended that you seek out a personal injury attorney as soon as possible to look at your claim.

Conclusion

Do you think that your loved one died due to the neglect or abuse they suffered from in a nursing home? If so, you should contact a personal injury lawyer as soon as possible to see if you have a case against the nursing home. Our firm has a great deal of experience in this area, which helps our clients get the best outcomes for their cases. It’s time to hold the nursing homes accountable for their errors, call The Injury Firm at 954-951-0000 for a Free Consultation.

The Injury Firm
2000 N.E. 45th Street
Ft. Lauderdale, FL 33308

Phone (954) 951-0000
Fax: (954) 951-1000
Email: info@flinjuryfirm.com

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Fort Lauderdale

2000 N.E. 45th Street
Ft. Lauderdale, FL 33308

Phone (954) 951-0000
Fax: (954) 951-1000
Email: records@flinjuryfirm.com

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500 South Australian Ave.
Suite 600
West Palm Beach, Florida 33401
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Toll-free: 833-332-1333
Email: records@flinjuryfirm.com

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Boston, MA 02109
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Toll-free: 833-332-1333
Email: records@flinjuryfirm.com

  

Disclaimer

The information contained in this website is provided for informational purposes only.  This website may contain information about The Injury Firm's past results, testimonials about the firm or a lawyer within the firm, and statements regarding the quality of The Injury Firm's work product. This information has not been reviewed or approved by The Florida Bar. Please be advised that: 1) the facts and circumstances of your case may differ from the matters for which results and testimonials have been provided: 2) Not all results of cases handled by the firm or its lawyers are provided and not all clients have given testimonials; and 3) The results and testimonials provided are not necessarily representative of results obtained by the firm or by its lawyers or of the experience of all clients or others within the firm or its lawyers. Every case is different, and each client’s case must be evaluated and handled on its own merits.

  

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